President Trump's phone call to 'Fox and Friends' used against him by prosecutors

Michael Cohen has said much of the material taken by the FBI during the April 9 raid is subject to attorney-client privilege. (Susan Watts/New York Daily News)

President Trump's bizarre phone interview with "Fox and Friends" Thursday morning was used against him only hours later by federal prosecutors in New York.

Trump's talk was cited in papers filed by the government shortly before a scheduled hearing before Judge Kimba Wood regarding the materials seized from Michael Cohen's law office and elsewhere.

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Cohen, Trump's personal attorney, has said much of the material taken by the FBI during the April 9 raid is subject to attorney-client privilege.

Trump appeared to contradict that during his friendly interview on his favorite morning news program.

"President Trump reportedly said on cable television this morning that Cohen performs 'a tiny, tiny little fraction' of his overall legal work,'" Assistant U.S. Attorney Tom McKay wrote in the papers filed in Manhattan Federal Court, referring to comments Trump made when he phoned into the popular morning show.

The President's full, rambling remarks on Cohen appeared to be an effort to put some distance between himself and his personal attorney who is reportedly under investigation for wire fraud, bank fraud and campaign finance violations.

"He's really a businessman, fairly big business as I understand it. I don't know his business. But this doesn't have to do with me. Michael is a businessman," Trump said of Cohen.

President Trump appeared to contradict that during his friendly interview on his favorite morning news program. (Chip Somodevilla/Getty Images)

"He's got a business. He also practices law, I would say probably the big thing is his business. They're looking at something having to do with his business. I have nothing to do with his business."

During the hearing, Wood appointed a former federal judge and prosecutor to oversee the review of documents seized by the FBI for privilege.

Barbara Jones, an attorney at the law firm Bracewell, will act as a so-called special master who will review the materials and resolve disputes.

"She has all the different points of view you'd want to bring with these documents," Wood said, citing Jones' background as a federal judge in the Southern District of New York, a prosecutor and white collar defense attorney.

"She'll be technologically well suited to the job."

Both the government and defense teams did not object to Jones's appointment. She joined Bracewell in 2016, months after the departure of former Mayor Rudy Giuliani, who worked for the firm. Giuliani now represents Trump.

Donald Trump in the White House

A previous hearing regarding Cohen's materials revealed that despite claims the feds had seized massive amounts of documents related to his work as a lawyer, Cohen had recently represented just three clients: Trump, Fox News host Sean Hannity, Trump and a Republican fund-raiser, Elliott Broidy.

"Of those three clients, one, Sean Hannity, has since said that 'Michael Cohen has never represented me in any matter. I never retained him, received an invoice, or paid legal fees,'" McKay wrote in papers.

"These statements by two of Cohen's three identified clients suggest that the seized materials are unlikely to contain voluminous privileged documents."

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Cohen brokered a $1.6 million hush money payout to a woman who said she became pregnant during an affair with Broidy.

Cohen also paid $130,000 to porn star Stormy Daniels, who said she had an affair with Trump. The payment came shortly before the 2016 election. Daniels' real name is Stephanie Clifford.

Documents regarding those payments are reportedly among the material seized by the FBI.

Daniels' attorney, Michael Avenatti, argued that Cohen's materials likely included communications he had with her former attorney Keith Davidson, who negotiated the hush money settlement.

"Counsel for Ms. Clifford has learned that the government has come into possession of certain sensitive files, including e-mails, text messages, and possibly audio recordings, from Mr. Cohen and from Keith Davidson, Ms. Clifford's prior counsel who was involved in the Settlement Agreement," Avenatti's papers read.

Wood indicated she was inclined to allow Avenatti to join the case.

"This stinks and the American people will soon discover the truth," Avenatti said after the hearing.

The hearing focused on the protocol for review of Cohen's materials. He remained stoic throughout the proceeding and did not comment afterward.

Trump attorney Joanna Hendon signaled more conflicts were on the horizon regarding who got to look at documents pertaining to the President.